Heiplink

Ownership of research results in publicly sponsored research

In case of university research, the ownership belongs to the University, but professors/researchers will be entitled, in any case, to a share of the benefits obtained by the University from the use and transfer of the rights over their inventions. The University may also transfer the ownership to the creator. The results of public research and the right to apply for industrial property protection, which are obtained by a researcher in the execution of his/her duties, belong to the entities that he/she works for.

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

If the invention is made by a professor in the course of a contract with a private or public entity, said contract should specify which one of the contracting parties is the owner of the invention. The type and amount of the share of the benefits obtained from the exploitation or transfer of the rights to which university researchers are entitled to shall be established by the Government, based on the specific characteristics of every research entity. Spanish autonomous regions may develop their own specific regulations on shares. With regard to students, there is a specific national law referring to the IP framework legislation.